Quick update, still nothing from the court regarding a hearing date

Ok thanks for all your help, I'll post my witness statement once I've done it and further updates as I receive them. Thanks once again enjoy the bank holiday weekend

Thanks Andy, I would of thought that the claim would of been issued in the new company name and as you said a notice of assignment sent. I'll carry on and prepare my witness statement, as posted above is this just my summary of events? Dispute the amount claimed etc? Is it worth mentioning that the claim has been issued by a company no longer trading and no notice of assignment has been received from the new one?

Okay a bit more research has revealed they changed there name from 1st stop payday loans ltd to 1st stop unsecured loans ltd in November last year. So claim issued by a company that does not exist anymore, can they do this?

Hi Andy I can't find any sign of 1st stop payday loans ltd on companies house. Credit licence details below, 1st stop payday loans listed as an historic trading name. Licence Number:0615366Licence Status:Current Current Applicant / Licensee: Business Name Company Registration Number 1st Stop Home Loans Ltd 5667257 Categories: Consumer credit Credit brokerage Debt adjusting/counselling Debt administration Debt collecting Provision of debt-counselling on a commercial basis Right To Canvass Off Trade Premises:No Trading Name(s) (Current): 1st Stop 1st Stop Secured Loans 1st Stop Unsecured Loans Atlas Collections Trading Name(s) (Historic): 1st Stop Mortgages 1st Stop Debt Solutions 1st Stop Financial Services 1st Stop Options 1st Stop Payday Loans 1st Stop LeadGen Issued Date: 23-Jul-2008 Date Maintenance Payment Due: 22-Jul-2018 Legal Formation: Body Corporate (incorporated inside UK)

Further to the above, I know I've asked this before but I'm still not convinced something isn't quite right with this. Claimant is down as 1st stop payday loans ltd, whilst I don't have a copy of the agreement I'm sure it said 1stop payday loans ltd on the agreement. As previously mentioned there is no such company registered on companies house nor has there ever been. I appreciate that 1st stop group has subsidiary companies, these would still be registered as individual companies with companies house, no entries exist for 1st stop payday loans ltd How can a non existent company form a credit agreement if it does not exist? I can't help but think something fishy is going on, further compounded by the fact they no longer offer payday loans.

Hi all, A few questions if I may, My witness statement, essentially is this a history of my attempts to communicate and rectify the situation? Should it include the reason why it was not paid, I.e financial difficulty. Should I summarise all the letters I wrote and the lack of response received, and send copies of the letters to the court and claimant? I still do not have a copy of the agreement despite a valid CCA request being sent, I assume I mention this also. The directions state that they must deliver documents to me prior to the hearing that will be relied on so I'm guessing they will send it to me now anyway. If I could have a little guidance on what content my witness statement should contain id be grateful. Thanks in advance

Ok is there anything I should be doing in the meantime?

I can't remember there being a section on any of the forms I completed asking for any unavailable dates. Have i missed something

Andy, Spoke to the court this morning and they have confirmed that the hearing date and time has not yet been set and will be advised in due course. There are some dates I am away in June and they advise that I should write in advising the court of those dates. So do I wait until I have the hearing date before doing anything? Thanks

Hi All, Today I have received Notice of Allocation to the Small Claims Track (Hearing) dated 16th May 2014. First off it's been transferred to my local court and they believe the case is suitable for mediation, we have already been through mediation so i'll ignore this bit. The following directions will apply to this claim: 1) Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing. 2) The original documents must be brought to the hearing. 3) The judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this order. 4) The documents to be sent to the other party and the court must include the statements of all witnesses (including the parties themselves) 5) Witness statements must: Start with the name of the case and claim number state full name and address set out the evidence clearly in numbered paragraphs on numbered pages end with 'I believe that the facts stated in this statement are true' signed and dated 6) The judge may refuse to hear the evidence or consider any statement of any witness whose statement has not been prepared and copied to the other party and the court in accordance with the above 7) neither party may rely at the hearing on any report from an expert unless permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this order and seek permission, giving an explanation why the assistance of an expert is necessary. 8) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (with the fee) to arrive within seven days of service of this order. The hearing will take place on a date and time to be fixed at the county court a hearing fee of £80.00 is payable by the claimant by 30th May 2014. So thats what arrived today, as no hearing date has yet been set, I'm not sure when I should send documents to the court or to the claimant and what I should send? I assume I will get more than 14 days notice of the hearing? Any help or advice on how to proceed gratefully received. Thanks in advance

Quick update, I received notice of transfer of proceedings today to my local court. It states details of judges directions will be sent to me in a notice of allocation.

Ok excellent thanks Andy

Can somebody just clarify for me please. I received the claim, acknowledged service defended in full. Completed my defence online. The only forms I have received from the court was the acknowledgement of service. I don't think I've had a directions questionnaire yet.

Thanks Andy, haven't received the notice of allocation yet. Is it on that that I can mention any dates I am unavailable?

Hi All, Just a quick update, still waiting to hear from the court and to receive the directions questionnaire. Does it usually take this long?

Ok thanks I will wait to receive the forms

Hi All, As suspected mediation didn't help, essentially I could not negotiate a settlement as I still do not have a copy of my agreement. 1st stop deny having received any letters or requests from me and say I have ignored them, good job all the important letters were sent signed for! According to the mediator they are prepared to offer me a 6 month payment plan, total repayable around £750 or a one off payment of £600 within 30 days, I declined. I informed the mediator that I am at a disadvantage as 1st stop had failed to respond to my CCA request for a copy of the agreement, therefore I did not know how much was outstanding or due for repayment. So court it is, I assume I will now get contact from the court, will they ask if there are any days I can't attend?

Mediation is this Friday so I will update accordingly Friday evening. Thanks for all the help so far

Well that's not going to happen I'll pay what I owe, nothing more Thanks

Ok thanks, it's a pain as I can't work out what I think I should owe as opposed to the inflated amount there claiming

Directions questionnaire returned, not received a notice of allocation to track but have received a call from the mediation service. Mediation has been booked in a couple of weeks time. I feel a little bit at a disadvantage, the CCA request is still outstanding so I'm not sure how I'm going to negotiate I have no idea how much is outstanding or what they can or can't claim.

Thanks Andy, Appreciate in the scheme of things it probably won't make any difference, I just don't understand how the claimant can be stated as 1st stop payday loans ltd, it doesn't exist. Could understand it if the claim was issued under 1st stop group or 1st stop personal loans, oh well!! So what happens now I have returned the directions questionnaire?

Directions questionnaire completed and sent back to the court and also a copy to the claimant. Claimant is down as 1st stop payday loans ltd, I'm sure it won't make a difference but a brief search on companies house reveals no such company!! Various other entities listed but not payday loans ltd.

Hi all A quick update Have received from the court Notice Of Proposed Allocation To The Small Claims Track, together with the Directions Questionaire (N180) also included is a form for mediation. Directions Questionaire is fairly self explanatory, it states I have to serve a copy on all other parties. Does that mean I also have to send a copy to the claimant?